79R16382 MXM-D
By: Riddle, Goolsby, Gallego, Escobar, H.B. No. 3224
Uresti, et al.
Substitute the following for H.B. No. 3224:
By: Berman C.S.H.B. No. 3224
A BILL TO BE ENTITLED
AN ACT
relating to benefits for certain members of the United States armed
forces and the Texas National Guard and their survivors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 431, Government Code, is
amended by adding Section 431.019 to read as follows:
Sec. 431.019. TEXAS SERVICE MEMBERS' MEMORIAL ACCOUNT. (a)
The comptroller shall establish the Texas service members' memorial
account in the general revenue fund.
(b) The comptroller, governor, or adjutant general may
accept gifts and grants for deposit to the credit of the account.
(c) The legislature may transfer money into the account or
may appropriate money to implement this section that the
comptroller shall credit to the account.
(d) Money in the account may be appropriated only for the
purposes of making payments under Chapter 437.
SECTION 2. Subtitle C, Title 4, Government Code, is amended
by adding Chapter 437 to read as follows:
CHAPTER 437. BENEFITS FOR SURVIVORS OF
CERTAIN MILITARY VETERANS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 437.001. DEFINITION. In this chapter, "eligible
survivor" means a person eligible to receive benefits under this
chapter.
Sec. 437.002. APPLICABILITY. This chapter applies only to
eligible survivors of a member of the United States armed forces or
Texas National Guard who:
(1) joined the armed forces or national guard while
residing in Texas; and
(2) died after September 11, 2001, and before August
1, 2007, while:
(A) receiving hazardous duty pay, hostile fire
pay, or imminent danger pay; and
(B) serving in Iraq, Afghanistan, or Kuwait.
Sec. 437.003. EXPIRATION OF CHAPTER. This chapter expires
March 1, 2010.
[Sections 437.004-437.050 reserved for expansion]
SUBCHAPTER B. ADMINISTRATION OF CHAPTER
Sec. 437.051. COMPTROLLER. (a) Except as provided by
Section 437.052, the comptroller shall administer this chapter,
including payment of benefits.
(b) The comptroller shall prescribe forms necessary to
administer this chapter.
Sec. 437.052. ADJUTANT GENERAL. The adjutant general shall
administer this chapter for the payment of benefits to eligible
survivors of Texas National Guard members.
Sec. 437.053. RULES. The comptroller and adjutant general
shall adopt rules to administer this chapter, including rules and
procedures for making and proving a claim, appealing decisions, and
receiving benefits under this chapter.
Sec. 437.054. GIFTS; GRANTS. The comptroller and adjutant
general may accept gifts and grants to make payments under this
chapter.
[Sections 437.055-437.100 reserved for expansion]
SUBCHAPTER C. PAYMENTS TO ELIGIBLE SURVIVORS
Sec. 437.101. ELIGIBILITY. (a) In this section, "heirs"
has the meaning assigned by Section 3, Texas Probate Code.
(b) An eligible survivor is a person designated as a
beneficiary on the deceased individual's group life insurance
program under 38 U.S.C. Section 1965 et seq. If a beneficiary for
that individual is not listed on the policy, the eligible survivors
are the heirs.
Sec. 437.102. PAYMENT TO ELIGIBLE SURVIVOR. The state
shall pay $50,000 to the eligible survivor of an individual or the
appropriate pro rata portion of that amount to the eligible
survivors of the individual.
Sec. 437.103. APPLICATION FOR AND PAYMENT OF BENEFITS. An
eligible survivor must apply for benefits in accordance with this
chapter before August 31, 2009.
[Sections 437.104-437.150 reserved for expansion]
SUBCHAPTER D. TUITION, BOOKS, AND FEES FOR HIGHER EDUCATION
Sec. 437.151. DEFINITION. In this subchapter, "institution
of higher education" has the meaning assigned by Section 61.003,
Education Code.
Sec. 437.152. APPLICABILITY. This subchapter applies only
to an eligible survivor who is the child of a deceased individual
under Section 437.002 or the spouse of that individual at the time
of death.
Sec. 437.153. TUITION, FEES, AND BOOKS. (a) To the extent
money is available in a fiscal year after payment of benefits under
Subchapter C, the state shall pay eligible survivors an amount
determined sufficient by the comptroller to pay the cost of
tuition, fees, and books required to attend an institution of
higher education. This subsection does not apply to property
deposit fees, student services fees, or any fees or other charges
for lodging, board, or clothing.
(b) An eligible survivor is not eligible to receive further
payments if the survivor's cumulative total credit hours at the
institution of higher education exceeds 150 hours.
Sec. 437.154. SOURCE OF PAYMENTS. To the extent consistent
with Section 437.153, the comptroller and adjutant general shall
make payments under this subchapter using money in the following
priority:
(1) from gifts and grants;
(2) from the sale of license plates under Section
504.658, Transportation Code; and
(3) from unclaimed lottery proceeds under Section
466.408(b-1).
SECTION 3. Section 466.408, Government Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) If a claim is not made for prize money on or before the
180th day after the date on which the winner was selected, the third
highest priority in distribution of the money is to pay benefits
under Chapter 437. This subsection:
(1) controls over Subsections (b)(2) and (3); and
(2) expires March 1, 2010.
SECTION 4. Subchapter G, Chapter 504, Transportation Code,
is amended by adding Section 504.658 to read as follows:
Sec. 504.658. SUPPORT OUR TROOPS PLATES. (a) The
department shall issue specialty license plates that include the
words "Support Our Troops" and depict a yellow ribbon.
(b) The department shall charge $43 for the issuance of a
license plate under this section, or another amount the department
determines is reasonable and necessary to pay the department's
administrative costs and to comply with Subsection (c).
(c) Of each fee collected under this section, the department
shall deposit $35 to the credit of the Texas service members'
memorial account. Money deposited under this subsection may be
used only to pay benefits under Chapter 437, Government Code.
(d) This section expires March 1, 2010.
SECTION 5. Subchapter D, Chapter 437, Government Code, as
added by this Act, applies beginning with books purchased for and
tuition and other fees charged for the 2005 fall semester.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.